G.R. Nos. 101216-18 June 4, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REDENTOR DICHOSO y DAGDAG, SONIA DICHOSO y VINERABLE and JAIME PAGTAKHAN y BICOMONG, accused. REDENTOR DICHOSO y DAGDAG, accused-appellant.

FACTS

On February 22, 1991, the Narcotics Command (NARCOM) applied for and was issued Search Warrant No. 028 to search the house of spouses Redentor and Sonia Dichoso in San Pablo City for methamphetamine hydrochloride (shabu) and marijuana. The search was executed on February 23, 1991. The NARCOM team, led by T/Sgt. Iluminado Evangelista, found accused Redentor Dichoso, Jaime Pagtakhan, and two others inside a nipa house on the compound. The team discovered approximately 200 grams of suspected marijuana, six decks of suspected shabu wrapped in aluminum foil, and a notebook listing suspected customers and drug transactions inside a cabinet. From Pagtakhan’s right hand, Evangelista recovered a small quantity of suspected shabu. A search of the main house yielded negative results. Barangay Captain Francisco Calabia arrived, and after he explained the search warrant and the resulting documents (Pagpapatunay and Receipt) to the accused, Redentor Dichoso and Jaime Pagtakhan voluntarily signed them. The confiscated items were later examined by Forensic Chemist P/Maj. Rosalinda Royales, who confirmed the presence of shabu and marijuana. Informations were filed against Redentor Dichoso and his wife Sonia for violation of the Dangerous Drugs Act ( R.A. No. 6425 , as amended): for selling/distributing shabu (Criminal Case No. 6711-SP(91)) and for selling/distributing marijuana (Criminal Case No. 6712-SP(91)). Jaime Pagtakhan was charged with illegal possession of shabu (Criminal Case No. 6710-SP(91)). Sonia Dichoso remained at large. After a joint trial, the Regional Trial Court found Redentor Dichoso guilty in both cases and sentenced him to reclusion perpetua in each case, plus a fine. Dichoso appealed.

ISSUE

The main issue is whether the evidence presented by the prosecution is sufficient to prove beyond reasonable doubt that accused-appellant Redentor Dichoso is guilty of violating Sections 15 and 8 (the decision corrects the Information’s citation from Section 4 to Section 8) of the Dangerous Drugs Act.

RULING

The Supreme Court modified the decision of the trial court. It held that the prosecution failed to prove the element of sale of the prohibited drugs. The evidence did not establish that a sale transaction took place or that there was a buyer presented during the trial. The notebook (Exhibit “F”) listing names and amounts, while indicative of drug pushing, is not sufficient by itself to prove the actual sale of the specific drugs confiscated. However, the Court found that the evidence was sufficient to prove the accused-appellant’s illegal possession of the drugs for the purpose of selling. The quantity of drugs (103.7 grams of marijuana and 1.6 grams of shabu), the manner of packaging (in decks), and the notebook containing a price list constitute circumstantial evidence of possession for sale. Therefore, the accused-appellant is guilty of violation of Section 8 (possession of marijuana for sale) and Section 15 (possession of shabu for sale) of the Dangerous Drugs Act, as amended. The Court sentenced him, applying the Indeterminate Sentence Law, to imprisonment ranging from eight (8) years as minimum to twelve (12) years as maximum in each case, and to pay a fine of Twelve Thousand Pesos (P12,000.00) in each case.